Business School Professors May Be Liable for Defamatory Blog Post–ZAGG v. Catanach

1 10 2012

By Eric Goldman

ZAGG, Inc. v. Catanach, 2012 WL 4462813 (E.D. Pa. Sept. 27, 2012)

Anthony H. Catanach Jr. and J. Edward Ketz are business school professors, Canatach at Villanova’s business school and Ketz at Penn State’s business school. Together, they co-blog at the “Grumpy Old Accountants” blog. With a curmudgeonly name like that, it seems almost inevitable that they’ll have to rename the blog “Grumpy Old Defendants.”

The lawsuit involves a blog post entitled “Don’t Gag on Zagg.” They appear to have removed the post, but it was fairly widely distributed and discussed, and you can see the intro here. The court uses the passive voice in characterizing the post’s author, so I couldn’t tell if it was co-authored or only one of the co-bloggers wrote the post. As I explain in my Co-Blogging Law article, if only one of the co-bloggers wrote it, the other should be able to claim a 47 USC 230 defense for the other blogger’s post.


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